How to File for Custody in Idaho: Step-by-Step Process

Before You File: The Jurisdiction Check

Idaho has one of the shortest divorce residency requirements in the country — just six weeks (42 days) under Idaho Code § 32-701. But there is a critical catch for custody: the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) requires the child to have lived in Idaho for at least six consecutive months before the court can make custody decisions.

If you meet the six-week residency requirement but your child has lived in Idaho for less than six months, you can file for divorce — but the court must defer custody rulings. Confirm both residency thresholds are met before you begin.

Step 1: Prepare Your Paperwork

You will file your petition at the District Court in the county where the other parent lives. If the other parent lives out of state or their location is unknown, file in the county where you live.

The core forms (available free from the Court Assistance Office at courtselfhelp.idaho.gov):

• CAO FL 1-1 — Family Law Information Sheet
• CAO D 1-5 — Petition for Divorce (if filing as part of divorce) or the Paternity/Custody petition if the parents are unmarried
• CAO FL 1-3 — Summons
• CAO FL 3 — Parenting Plan (your proposed custody and visitation schedule)

If you cannot afford the fees, prepare the CAO FW 1-9 (Motion and Affidavit for Fee Waiver) and the proposed order along with your petition.

Step 2: File and Pay

The filing fee for a divorce petition (with or without children) is $207. For a standalone paternity/custody petition, it is $166. File your completed forms with the county clerk, who will stamp and return copies for service.

All Idaho courts now support electronic filing through the iCourt portal, though some parents prefer to file in person at the Court Assistance Office, where staff can review documents for completeness (though not for legal accuracy).

Step 3: Serve the Other Parent

The other parent must be formally served with the filed papers. You have 182 days from filing to complete service. Options include:

• Sheriff's office — typically $20–$50
• Private process server — typically $30–$70
• Acknowledgment of service — if the other parent voluntarily signs Form CAO FL 2-1

You cannot serve the papers yourself. After service is complete, file the proof of service (Affidavit of Service, Form CAO FL 2-2) with the court.

Step 4: Wait for the Response

Once served, the other parent has 21 days to file a written response. The response filing fee is $136.

The default fork: If no response arrives by day 22, you can apply for a default judgment. In a default, the court can accept your proposed parenting plan and support terms without a contested hearing — though the judge still reviews the plan for the child's best interests.

If the other parent does respond, the case moves into mandatory disclosures: both parents must exchange financial information (Form 1 — Inventory of Property and Debts, income affidavits, tax returns, pay stubs, childcare costs) within 35 days of the response filing.

Step 5: Temporary Orders If Needed

If you need immediate rules while the case is pending — who the child lives with, interim child support, use of the family home — file a Motion for Temporary Orders under IRFLP Rule 504. You will need a supporting affidavit detailing current living arrangements, caregiving history, and work schedules.

For genuine emergencies involving immediate danger to the child, Rule 505 allows ex parte temporary orders — granted without the other parent's presence, with a follow-up hearing scheduled promptly.

Step 6: Mediation, Evaluation, and Resolution

If custody is disputed, the court will order mandatory mediation under IRFLP Rule 602. Both parents meet with a neutral mediator to try to negotiate a parenting plan. If mediation succeeds, the signed agreement goes to the judge for approval. If it fails, the case heads toward a contested trial.

In high-conflict cases, the court may also order a Brief Focused Assessment (a quick, targeted investigation of specific issues) or a comprehensive Parenting Time Evaluation — which can take 90–120 days and cost $500–$5,000+.

Step 7: Final Judgment

In uncontested cases where both parents agree on everything, the judge can sign the final decree as early as 21 days after service (Idaho's mandatory waiting period under § 32-716). Contested cases take significantly longer.

Both parents must complete the mandatory "Focus on Children" co-parenting class ($35, typically 1.5–2 hours online) and file their certificates with the court before the judge will sign the final order.

The Idaho Child Custody & Parenting Plan Guide walks through every form and deadline with plain-language explanations, plus worksheets to organize your financial disclosures and parenting proposals before you file.

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